(A) Any person appointed to a city office may be removed by the officer or body making the appointment, but every such removal shall be by written order, which shall give the reasons therefor and be filed with the Clerk. Any person elected to a city office by the people may be removed from office by two-thirds vote of the Council members elected, after hearing on written charges preferred against said person by the Mayor or any Council member and filed with the Clerk, for willful or habitual neglect or refusal to perform the duties of his or her office, for wilful misconduct or maladministration of his or her office, for corruption, for extortion, for intoxication, upon conviction of being intoxicated, or upon conviction of a felony.
(B) (1) Before such person can be removed from office, he or she shall have at least ten days’ notice of the time and place of hearing and shall be furnished with a copy of the charges preferred. At the hearing, the accused may be present, may be represented by counsel, and may introduce evidence in his or her own behalf. The proceedings at the hearing shall, so far as is practicable, be in accordance with the rules of civil procedure followed by the district courts of the state.
(2) Upon any question arising for decision, the question shall be by ayes and nayes and, upon final issue, the question shall be “Shall the accused be removed from office?”. If the Police Chief is a party to the proceedings, the Council may deputize a person to act as such.
(Ord. A-7, passed 12-28-1953)